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(영문) 수원지방법원 2013.07.03 2013고단957
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 21, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act by the Suwon District Court, and a fine of KRW 1,50,000 as a fine in the Suwon District Court’s Ansan Branch on April 15, 201.

The defendant is a person who is engaged in driving the B SP car quantity.

On March 10, 2013, the Defendant, while under the influence of alcohol of 00:55, 0.118% of blood alcohol content, was driving 4 degrees ahead of the color elementary school in the color fluoron of Suwon-si, Suwon-si, along the string distance from the white distance to the string distance.

The location is the vehicle that can make a non-protective internship on the first line, and the defendant tried to make an internship on the first line. In this case, there was a duty of care to make sure whether a person engaged in driving service has a vehicle driven on the opposite line, and to accurately manipulate the steering gear and prevent the accident by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to do so and received the front part of the D-si vehicle driving by the victim C(58 years of age) who was driving under the direct line in the opposite lane as the front part of the D-si vehicle, which was driven by the victim C(58 years of age).

As a result, the Defendant suffered injury to the victim, such as spawn spawn, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. C’s statement;

1. A medical certificate;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The grounds for probation under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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